Crime & Law

Referrals of child sex offenders to diversion programme almost double

Most children are rejected from the programme, meaning they must face court proceedings

Since 2010, a total of 4,767 young people have been referred to the diversion programme, of which 1,483 were accepted. Photograph: PA/PA Wire

Conor Gallagher
Sat Apr 6 2024 - 06:00

The number of children being referred to the Garda youth diversion programme for sexual offences has almost doubled in the last 10 years, new figures show

There has also been a significant increase in the number of child sex offenders being judged unsuitable for the programme, due to a range of factors including the seriousness of their offending and its impact on victims.

Last year, 462 children between the ages of 10 and 18 were referred to the diversion programme having committed a sexual offence. This is an increase of 86 per cent on the figures from 2013 and a 33 per cent increase on the numbers from two years ago.

The majority of offenders referred to the diversion scheme are rejected by its director, a Garda superintendent, meaning the offenders must face court proceedings in the usual manner. In 2010, 57 per cent of child sex offenders were judged inadmissible to the programme following their referral. By last year this had risen to 72 per cent.

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The figures were released to Aontú TD for Meath West Peadar Tóibín by Minister of State responsible for youth justice James Browne.

Mr Toibín said the figures were of serious concern.

“They show that there is an increase in the number of children who are committing sexual criminal offences in Ireland.

“There is much evidence coming to light showing that there is a serious increase in the number of sexual offences committed by children on other children,” he said.

The figures include referrals for crimes including rape, sexual assault and possession of child sex abuse material. Under law, all child offenders must be referred to the diversion programme for assessment.

If a child is accepted, a Garda juvenile liaison officer (JLO) will be assigned to their case and will issue a formal caution to the child. This is usually followed by a period of supervision and sometimes referral to a local project or club. Any court proceedings are discontinued.

Since 2010, a total of 4,767 young people have been referred to the programme, of which 1,483 were accepted. This means 31 per cent of child sex offenders escaped a formal criminal sanction in the last 14 years.

Factors taken into consideration when considering an offender for the programme include “the nature of the offence, the impact of the offence on the community, the views of the victim and the offending history of the young person,” Mr Browne said.

Mr Toibín said the Government must take responsibility for the increase in cases.

“At public meetings that I have held in my own constituency, women who work in retail have stated that they are being threatened with rape by 13- and 14-year-olds, if these women report shoplifting to the gardaí.

“These women do not report the shoplifting crimes out of fear and now getting lifts to and from their place of work rather than walking through the town. This is a shocking situation.”

He said no one wants to criminalise children. “There needs to be a system where young people can make a number of mistakes before they enter the criminal justice system.

“But no young person should be allowed to commit multiple offences that go unpunished. We are not doing a child any favours to raise them under the impression that there is no cost to damaging crime.”

Conor Gallagher

Conor Gallagher

Conor Gallagher is Crime and Security Correspondent of The Irish Times

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